This agreement was last updated on January 15, 2016.
Welcome to the HIPGive.org, provided by Hispanics in Philanthropy (“HIP”).
This Agreement refers to all visitors to HIPGive.org, whether registered or not, as “Users.” A nonprofit organization that raises funds through the Site is a “Fundraiser.” An individual User that registers his or her nonprofit organization as a Fundraiser is an “Account Administrator.” Users who donate through the Site are “Donors.” Except where we specify otherwise, this entire Agreement applies to all Users on our Site. Where indicated, however, certain provisions apply specifically to Fundraisers, Account Administrators, and Donors.
We may change these terms from time to time by posting them on this site, and as provided under the “Change and Termination” section of this Agreement. If you do not agree to any of these terms as they are posted on this page from time to time, you may not use the Site.
You may not use this site unless you are 13 years or older. If you are 13 to 17 years old, you may only use this site under parental supervision.
Who We Are
HIPGive is a crowdfunding site for Latino communities across the Americas, leveraging technology to bring individuals, corporations and foundations together to increase investments in Latino communities. In other words, we give people the opportunity to invest in non-profit organizations and programs that empower Latinos.
We showcase innovative projects from our network of over 600 Latino-led, Latino-serving organizations that have been carefully vetted. Your donation, coupled with those of other individuals, foundations, corporations and institutions in your community and across the Americas, then brings innovation to life. With HIPGive’s online tools and constant access, donors can stay connected to projects, watch them grow and share their pride with their comunidad.
How HIPGive Works
HIPGive allows eligible nonprofit organizations, or “Fundraisers,” to launch fundraising “Campaigns” on the Site to fund specific projects. Users contribute through the Site to Campaigns they care about.
Before launching a Campaign, each Fundraiser will set a goal for the total amount they wish to raise (the “Funding Goal”) and the duration of the Campaign, which may be 15, 30 or 45 days. After the Campaign ends, HIPGive, through its parent organization HIP, intends in most circumstances to grant the nonprofit organization the total amount of contributions raised, minus certain amounts provided in this Agreement.
HIP’s Charitable Status
HIP is a registered Section 501(c)(3) public charity. HIPGive is an extension of HIP which allows individuals to target specific Campaigns they would like to support. HIP operates a donor advised fund. A donor advised fund is an account established by a charitable organization to accept contributions directed to Campaigns created by other registered 501(c)(3) public charities. Donors may provide nonbinding recommendations concerning how their donations will be distributed by the donor advised fund. HIP will maintain one account for all donations made to the donor advised fund and will track all donations made to the account by tracking the amount of money donated by each Donor and the Campaign to which they would like to have their donation re-granted. All donations directed to a domestic charity will be made to HIP and retained in HIP’s donor advised fund.
Prior to inclusion on the HIPGive website, all foreign charities will be screened under a rigorous due diligence process approved by HIP’s Board of Directors and a determination made that such foreign charity would meet the requirements of a Section 501(c)(3) organization in the United States if the foreign charity was organized in the United States and whether such foreign charity’s Campaign furthers HIP’s charitable purpose of supporting the Latino community. Donations that are made to HIP on behalf of Campaigns established by these foreign charities will not be granted to a foreign charity unless the foreign charity periodically demonstrates that the granted funds are being expended for the purposes which were approved by the board of directors. All donations made to a foreign Campaign will be made to HIP and be retained in HIP’s bank account.
HIPGive General Rules of User Conduct
As a condition of using our Site, you promise to not to misuse our services. That means, for example:
- Using the Site only according to this Agreement and as permitted by law in the United States and in any other jurisdiction that applies to you and your use of the Site.
- Not using the Site in any way that will damage, disable, overburden or impair the Site, our networks, or our systems; or that would interfere with any others’ legal rights or use or enjoyment of the Site.
- Ensuring that you own or have a legal right to use any content you use in connection with the Site, and to not otherwise infringe the intellectual property rights of others.
You agree not to attempt to interfere with or compromise the integrity or security of the Site, for example, by:
- Deciphering transmissions to or from the Site or its third-party operators
- Bypassing measures to prevent or restrict access to the Site
- Harvesting or collecting information about others without their consent
- Uploading, posting, using or otherwise making available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any software, hardware or telecommunications equipment
- Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive
- SPAMing or using any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser.
You agree not to submit or post any false or misleading information on the Site or in connection with its services, including but not limited to your account profile, your Campaign profile, and your communications with us, with other Users or with potential supporters. You agree not to impersonate another person, otherwise misrepresent your affiliation with a person or entity, conduct fraud, or hide or attempt to hide your identity.
Our Site displays content that is not ours. This content is the sole responsibility of the entity that makes it available. We host that content as a passive conduit. We may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. You are responsible for protecting yourself from content on our Site that is offensive or harmful.
We may verify and/or monitor your use at any time. We may permanently or temporarily block your access to the Site or your account(s), remove your content, and/or delay, withhold or reverse any payments if you do not comply with this Agreement or with applicable law, or while we investigate any suspected misconduct.
You agree to use or comply with the DMCA procedures described in this Agreement to resolve any claims of intellectual property rights infringement.
For Donors: Contributing on HIPGive
Becoming a Donor on HIPGive is easy. Users do not need to sign up for an account to donate, however, Donors may create an account on HIPGive to stay connected to our community and to track donations made on the platform. Choose the Campaign you support and select a donation amount, and our third-party payment processor, WePay, will collect your payment information and process your donation. Once your donation has been processed, we will provide you with a receipt for your charitable gift.
You must be 13 years or older to donate on HIPGive. If you are between the ages of 13 and 17, you may donate on our Site only under parental supervision
All contributions made through HIPGive are final, non-refundable charitable donations to HIP. In most cases, we will receive your donation and distribute it to the Fundraiser and Campaign you advise. In some cases, however, we may be unable to deliver your donation to your designated cause, for example, if the Fundraiser or Campaign does not comply with our guidelines or is otherwise determined to be ineligible, in our discretion. In those cases, we will re-grant your donation to another eligible cause, as we consider appropriate.
All donations on our Site are nonrefundable. If you experience any problems processing your donation, please address those directly with WePay. We are not responsible for any payment processing issues or errors.
Please note that WePay processes payment only in U.S. dollars. Donations using foreign currency may be subject to the exchange rate and any foreign transaction fees assessed by your bank or payment card.
For Fundraisers: Raising Funds on HIPGive
You may register as an Account Administrator if you are 18 years or older and your use has not otherwise been restricted, suspended or terminated.
An organization qualifies to register as a Fundraiser if it:
- Operates in the United States and/or Latin America.
Either (1) is a lawful, recognized 501(c)(3) organization in the U.S.; (2) has a fiscal sponsor in the U.S.; or (3) has equivalent legal status as a non-profit organization in a Latin American or Caribbean country.
- Has a mission that is not based on racial, ethnic, sexual, or gender discrimination. Any organization that uses hate language on the Site will be disqualified as a Fundraiser.
- The majority of individuals who will benefit from your project are Latino/Latin American/Caribbean.
By creating a Fundraiser account, you certify that:
- You are authorized to act on behalf of the Fundraiser, and
- The Fundraiser you represent complies with the conditions above.
Please make sure you provide the right mailing address (if you are based in the U.S) or bank account information (if you are based in Latin America). If HIP has to reissue your check/deposit due to errors in your submission, the cost of transaction will be charged to your account (approximately $35).
Creating and Managing Your Account
You agree to provide only accurate and complete information in creating and managing your account, registering your organization as a Fundraiser, and managing Campaigns on behalf of your Fundraiser.
Once you become an Account Administrator, you are solely responsible for the activity that occurs on your account and for keeping your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You alone are liable and responsible for all losses or damages caused by any unauthorized use of your account, regardless of the reason or cause of the loss or damage.
By raising and receiving funds as a Fundraiser on HIPGive, you agree to the following conditions:
- The fundraising goal does not exceed 33 percent of your annual budget.
- Your Campaign Grant will equal the total amount you raise minus the amount retained by HIP and WePay, as described below in “Amounts Retained and Taxes” in this Agreement.
For purposes of determining prizes, matching funds or other rewards on HIPGive, only funds actually donated and processed on the HIPGive platform (www.hipgive.org) will be counted. Cash or check donations made to Fundraisers directly and not processed via credit card or bank transfer on the HIPGive platform or another mechanism sanctioned by the HIPGive team in writing are not accepted.
All Campaigns must end by December 31 of the year in which they are launched and may not carry on into the next calendar year. Accordingly, we will not accept 15-day Campaigns that start after December 15, 30-day Campaigns starting after December 1, or 45-day Campaigns starting after November 15.
- We may use your name and logo for promotional purposes, as provided under this Agreement.
- To receive the funds raised on HIPGive (minus the amounts described below in “Amounts Retained and Taxes”), you agree to complete our verification process described below (“Fundraiser Verification & Conditions to Receive Funds”).
- If the amount your Campaign raises either exceeds or falls short of your Funding Goal you must provide a revised budget and description explaining how your will scale back or expand your project to make the best use of the funds you raised.
- Campaign Grants will be received by the fundraising organization in one payment after the end of the campaign. HIPGive processes payments two times per month.
- Within 30 days after you receive the net amount of funds your organization raises on HIPGive (the “Campaign Grant”), you must complete an exit survey on your experience using HIPGive. The information obtained from this survey will assist us to optimize the user experience of the platform, such as our training resources. All information provided will be used in our internal monitoring and evaluation process and to prepare external reports and publications. Your answers shall remain anonymous unless you provide us with permission to use your organization’s name in connection with a specific answer/quote.
- Within 90 days after you receive your Campaign Grant, you must complete a final survey on the status of the project for which you raised funds on HIPGive and the impact of the HIPGive experience on your organization. The information obtained from this final survey will assist us in analyzing the long term potential impact of crowdfunding as a tool for nonprofits. All information provided will be used in our internal monitoring and evaluation process and to prepare external reports and publications. Your answers shall remain anonymous unless you provide us with permission to use your organization’s name in connection with a specific answer/quote.
- Due to the dynamic nature of transactions, the amount raised and percentage raised shown on project pages, project tiles, and funder exports are considered unofficial. Official fundraising totals will be determined by the final reports for your campaign from our payment processor. HIPGive will make every effort to display accurate information, but due to transaction status changes like cancellations, refunds, interruptions, etc. HIPGive cannot guarantee 24hr accuracy of displayed totals. Inaccuracies will be rectified within 2 business days and fundraisers will be contacted if edits are necessary. Reports from our payment processor related to fundraiser organization projects are available upon request.
We will not accept projects:
- That are submitted by people under 18 years of age.
- That use, promote, or condone “hate speech”.
- That produce, promote, or distribute alcohol, tobacco, weapons, or controlled or illegal products or substances.
- That use text, images, or videos that infringe the intellectual property rights of others.
- That exploit children, involve pornography, or promote violence and/or self-harm.
- That damage the environment.
- That involve commercial activities, legal or illegal, including lending or borrowing, offering business equity or any other financial instrument, purchasing or developing real estate, or engaging in predatory financial practices.
- That promote widely discredited interventions.
- That transfer cash or credit to organizational staff, support general operations or administrative costs, or leverage donations to obtain credit for the organization or the beneficiaries.
- That impersonate others or falsely imply affiliation with other individuals or entities.
- That involve raffles or contests.
- We reserve the right to reject or terminate any project in our sole discretion, including but not limited to projects that violate these terms, applicable law, or that we determine to be ineligible, infringing, inappropriate, harassing or offensive, at our sole discretion.
Fundraisers must complete our verification process before we can publish your project on HIPGive.org. To verify eligibility and ability to receive the funds raised on HIPGive.org, every Fundraiser must upload the required documents listed below in the online application OR email the documents to firstname.lastname@example.org. The required verification and financial documents are
- A list of your board members
- Your organization’s conflict of interest policy, if it has one
- For U.S. Fundraisers – please submit a copy of the Internal Revenue Service (“IRS”) determination letter confirming your organization’s, your fiscal sponsor’s or your parent organization’s 501(c)(3) tax-exempt status. For organization’s who are tax exempt under Section 115 of the Internal Revenue Code, please submit relevant documentation confirming this status (either a determination letter or correspondence with the IRS).
- For Latin American Fundraisers – please submit a copy of the relevant official documentation verifying your organization’s tax-exempt and/or non-profit status. For example, Mexican donataria autorizadas must provide a copy of the page where the organization is quoted as tax-exempt in the most recent version of the Official Gazette (Diario Oficial Anexo 14) and asociaciones civiles sin fines de lucro must provide a copy of their bylaws and articles of incorporation.
- If you are under U.S. fiscal sponsorship, then you must submit (1) the sponsorship agreement, (2) the sponsor’s IRS determination letter, and (3) a letter to us from the sponsor approving your participation in HIPGive.
- Your most recent audited financial statement or, if unavailable, most recent IRS 990 report.
- Your current fiscal year organizational budget, with income sources.
- For Latin American organizations, a completed financial transfer form so that we may promptly issue you your Campaign Grant. For organizations based and operating in Latin America, you may receive your Campaign Grant only via international wire transfer. For U.S. organizations, you will receive your Campaign Grant via check (which will be mailed to your organization’s address).
- For Latin American organizations, please note that if your organization raises less than $200 USD, the applicable bank fees associated on your end and HIP’s end for an international wire transfer may significantly reduce the net amount your organization receives. In this scenario, a HIP staff member will contact you about your options.
- A completed self-assessment/exit survey.
We may also verify your identity, your intended and actual use of the contributions, and your Campaign timeline, before disbursing contributions. By registering as a Fundraiser, you agree to participate in our verification process, which in some cases may delay disbursement.
If your Campaign does not comply with these conditions, or if we determine in our sole discretion that you are otherwise ineligible to receive charitable donations through HIPGive, we will re-grant your Campaign proceeds to another eligible cause, as we consider appropriate. We may similarly re-grant your Campaign proceeds to another cause if we identify discrepancies in, or false or misleading statements or misrepresentations about, your organization, your Campaign, or your intended use of Campaign Grant.
If you or your organization becomes ineligible after you have already received your Campaign Grant, you agree to promptly return to us the full amount of the grant, without deduction for any fees paid or payable by you, so that we may re-grant those funds to an eligible recipient.
Amounts Retained and Taxes
After your Campaign’s fundraising period ends, HIPGive will grant you the total amount you raised, minus the following amounts (the Campaign Grant). If your Campaign meets its Funding Goal, we retain 3.1 percent from your fundraising total. If your Campaign does not meet its Funding Goal, we will retain 6 percent. Under both circumstances, our payment processor, WePay, will also collect a payment processing fee of 2.9 percent, plus 30 cents per transaction.
We may adjust the aforementioned at any time under the terms provided under the “Changes and Termination” section of this agreement. WePay may also adjust its fees according to its own terms of service.
Fundraisers are responsible for all statutory reporting, including tax filings and any associated taxes, required in connection with receiving these funds under the applicable laws of the jurisdiction(s) where your organization is located, operates, or is incorporated.
Content and Intellectual Property
This Site belongs to us. It contains content and information that belongs to us or is licensed to us by our Users and our third-party providers.
The Site and its content includes, but is not limited to, information, images, audio, video, trademarks, software, and the look and feel of the Site. You agree that we and our licensors own the exclusive right, title and interest in the Site and its content, including but not limited to copyright, patent, trademark, trade secrets, proprietary information, and other intellectual property in that content.
Using our Site does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Site unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
So that you can use our services, we grant you a non-exclusive, limited, personal license to use our Site and its content under the terms of this Agreement. You agree that you will use our Site and its content only in compliance with this Agreement, and only as reasonably necessary to use the Site for its intended purpose. Specifically, you agree not to reproduce, copy, distribute, sublicense, or create derivative works based on, the Site or its content except as allowed under this Agreement or by express written permission from us or our licensors.
Use of our Site or its content for any purpose not expressly allowed by this Agreement is strictly prohibited. We retain all rights not expressly granted to you, and we may terminate this license at any time and for any reason.
Our Site may offer certain features and services that allow you to submit content. The content you post on our Site and your ownership of intellectual property rights in that content remains yours. By posting your content, however, you provide us with a limited, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute your content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Site and our services, and to develop new ones. This license continues even if you stop using our services.
Make sure you have the necessary rights to grant us this license for any content that you submit to our Site. You are solely responsible for the content that you post on our Site. By posting any material on our site, you promise that you own that content or have permission to use it, and that it complies with this Agreement and does not violate others’ rights (including, but not limited to, intellectual property rights).
For Fundraisers: Use of Trademarks, Names and Logos
By raising funds as a Fundraiser on our Site, you grant us a limited, non-exclusive, royalty-free license to display your charity’s trademarks, trade names, and logos (“Trademarks”) for the exclusive purpose of you and your activities, and our Site and its activities, in online or physical promotional materials.
We grant you, as Fundraiser, a limited, non-exclusive, royalty-free license to use HIPGive’s trademarks, name and logo for the sole purpose of promoting your Campaign on our Site in your own promotional materials.
HIPGive does not permit the infringement of copyrights or other intellectual property rights on the Site. We reserve the right to take all appropriate measures to prevent infringing activities on the Site, including removing or disabling access to (“taking down”) infringing items and limiting or terminating access to the Site by (“blocking”) repeat infringers.
We will remove or disable access to an item if properly notified that the item infringes on another’s intellectual property rights, according to the procedures set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been infringed and is accessible through the Site, please notify HIPGive’s copyright agent. Your complaint must contain the following information:
- an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and where it is located on the Site;
- information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Your complaint must be submitted to the following DMCA Agent:
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT UNDER FEDERAL LAW TO CRIMINAL PROSECUTION FOR PERJURY AND TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify our DMCA Agent in writing with the following information:
- a physical or electronic signature of the user;
- identification of the material that has been taken down and the location at which the material appeared before it was taken down;
- a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which HIPGive may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or their agent.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed or erroneously taken down, and is intended to secure our rights and comply with our obligations under the DMCA. These procedures do not constitute legal advice.
Visiting the Site or sending emails to us constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Third-Party Websites, Advertisers or Services
HIPGive.org may contain links to third-party websites, advertisers, or services that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of those third parties. If you access a third-party website or content from our Site, you do so at your own risk, and you understand that this Agreement and any other HIPGive user policies do not apply to your use of such sites. You expressly relieve use from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on our Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and those advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Site is controlled, operated and administered by HIP from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site, Site Content or User Content accessed through the Site, in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Additional Terms – Privacy
You agree to indemnify, defend and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, employees, and agents, harmless for any losses, costs, claims, demands, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or its services, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
These terms control the relationship between HIPGive and you. They do not create any third party beneficiary rights. You may not assign this Agreement, or any licenses or sublicenses created by it.
DISCLAIMERS, EXCLUSIONS, AND LIMITS ON LIABILITY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT ACCESS TO THE SITE OR ANY INFORMATION CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY, ACCURATE, SECURE, ERROR-FREE OR COMPLETE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATING TO THE SITE OR YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS EXCEED THE SUM OF TWENTY-FIVE ($25) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts located in the Northern District of California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HIPGive as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations provided above, then the invalid or unenforceable provision will be deemed superseded by the valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HIPGive with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HIPGive with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.
The parties further agree that they may only bring claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
The arbitration shall be conducted on a confidential basis by the American Arbitration Association pursuant to its rules. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the subject matter of the dispute and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Termination and Modification
We reserve the right to modify or terminate any of the services we offer on the Site at any time. That may include adding or removing functionalities, ending certain services, or terminating the Site altogether.
We may modify these terms at any time by posting a modified Agreement on this page, to reflect changes in our services, changes in the laws that apply to our Site and services, and for any other reason. We will indicate at the top and at the bottom of this page the date that these terms were last updated. We will also make all reasonable attempts to otherwise notify you of any changes.
If you are a donor, by completing the check-out process you will be acknowledging that you agree to the most recent version of our Terms. Please review the Terms carefully each time you use our service, as they may have changed from the time you last donated. Clicking “Next” or continuing to donate through our service signifies your acceptance of this Agreement or any future version of it.
If you are an Account Administrator or Fundraiser, we will inform you of any changes by email, unless you have expressly told us you wish to discontinue using our services or closed your account. Ultimately, however, we reserve the right to change the Site, the services offered through it, or these Terms, at any time and without notice. You are ultimately responsible for periodically monitoring this page for changes to these terms. By continuing to use our Site and its services after we post changes to this Agreement, you agree to those changes, notwithstanding your failure to receive or read any attempt by us to notify you of changes to the Terms.
If any conflict arises between these terms and those contained in any revised version of this Agreement, the terms of the most recent version will govern.
You may terminate under these Terms at any time by informing us by email at email@example.com that you will no longer use our services and (if applicable) you wish to close your account. Once you terminate under this agreement, you may no longer use our Site or our services. We will generally work in good faith to remove all information relating to you from the Site and our servers at your request upon termination. Nevertheless, we reserve the right to retain a copy of any and all data provided by you for any purpose. We may also retain your information after termination for any period of time as required by law or business necessity, including, for example, for accounting, law enforcement, and tax or other regulatory reporting purposes.
If you are a Fundraiser, upon termination we will cease promoting and receiving contributions to you or your existing Campaign(s); remove your Campaign page and all information relating to you from our Site; and provide a final account statement. Unless the termination arises from your breach of these Terms, including but not limited to your improper use of Campaign funds or ineligibility to solicit or receive Campaign donations, we will re-grant to you any remaining balance of contributions previously advised to you.
Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Site immediately ceases.
We welcome your questions or comments regarding the Terms:
Effective as of January 15, 2016.